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FIRST SECURITY BENEFIT LIFE INSURANCE
AND ANNUITY COMPANY OF NEW YORK
00 XXXX XXX XXX XXXX, XXXXXX XXXXX
XXXXX XXXXXX, XXX XXXX 00000
March 1, 1999
First Security Benefit Life Insurance
and Annuity Company of New York
00 Xxxx Xxx Xxx Xxxx, 0xx Xxxxx
Xxxxx Xxxxxx, XX 00000
Dear Sir/Madam:
This letter is with reference to the Registration Statement of X. Xxxx Price
Variable Annuity Account of which First Security Benefit Life Insurance and
Annuity Company of New York (hereinafter "FSBL") is the Depositor. Said
Registration Statement is being filed with the Securities and Exchange
Commission for the purpose of registering the variable annuity contracts issued
by FSBL and the interests of X. Xxxx Price Variable Annuity Account of First
Security Benefit Life Insurance and Annuity Company of New York under such
variable annuity contracts which will be sold pursuant to an indefinite
registration.
I have examined the Declaration and Certificate of Incorporation and bylaws of
FSBL, minutes of the meeting of its Board of Directors and other records, and
pertinent provisions of the New York insurance laws, together with applicable
certificates of public officials and other documents which I have deemed
relevant. Based on the foregoing, it is my opinion that:
1. FSBL is duly organized and validly existing as a stock life insurance
company under the laws of New York.
2. X. Xxxx Price Variable Annuity Account of FSBL has been validly created as
a Separate Account in accordance with the pertinent provisions of the
insurance laws of New York.
3. FSBL has the power, and has validly and legally exercised it, to create and
issue the variable annuity contracts which are administered within and by
means of X. Xxxx Price Variable Annuity Account of FSBL.
4. The amount of variable annuity contracts to be sold pursuant to the
indefinite registration, when issued, will represent binding obligations of
FSBL in accordance with their terms providing said contracts were issued
for the considerations set forth therein and evidenced by appropriate
policies and certificates.
I hereby consent to the inclusion in the Registration Statement of my foregoing
opinion.
Respectfully submitted,
XXXXX X. XXXXX
Xxxxx X. Xxxxx, Esq.
Vice President
First Security Benefit Life Insurance and
Annuity Company of New York
